beta
(영문) 청주지방법원제천지원 2019.06.19 2019가단20265

청구이의

Text

1. The defendant's notary public C belonging to the Cheongju District Prosecutors' Office against the plaintiff was prepared on June 28, 2013, No. 304.

Reasons

1. Basic facts

A. On June 28, 2013, a notary public C belonging to the Cheongju District Public Prosecutor’s Office prepared a notarial deed of a monetary loan agreement No. 304 (hereinafter “notarial deed of this case”) with the following content at the commission of D by the defendant who is the creditor and the plaintiff’s agent who is the debtor.

Article 1 (Purpose) Creditor (Defendant) lent KRW 40,000,000 to the debtor on June 28, 2013 and borrowed it to the debtor.

Article 2 (Period and Method of Performance) The repayment shall be made by July 28, 2013.

Article 8 (Joint Guarantee). Article 9 (Recognition and Recognition of Compulsory Execution) When an obligor and a joint guarantor fail to perform a pecuniary obligation under this contract, they recognize and recognize that there is no objection even if they are immediately subject to compulsory execution.

B. On January 2019, the Plaintiff filed a complaint with D on the following: “Around June 28, 2019, the Plaintiff borrowed KRW 40,000,000 from the Defendant and returned to the Plaintiff, using the said seal imprint and the seal imprint without the Plaintiff’s consent.”

C. On February 22, 2019, at the police investigation, D: (a) borrowed the Plaintiff’s name from the Plaintiff as the owner around 2013; (b) borrowed the Plaintiff from the Plaintiff as the owner; and (c) obtained the Plaintiff’s certificate of seal impression and the certificate of seal impression because there are many cases where the certificate of seal impression and the certificate of seal impression in the name of the owner were needed; (b) forged the power of delegation with the said certificate of seal impression and the certificate of seal impression to the Plaintiff (D); and (c) entrusted the Defendant with the preparation of the letter of notarial deed by using the said power of delegation.

D In addition, on March 11, 2019, the police investigation stated that “All the contents of the power of attorney submitted at the time of commissioning the preparation of the instant Notarial Deed shall be prepared directly by D, and the said power of attorney was recognized by notarial offices without any separate confirmation.”